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Surrogacy and India

13 Pages Posted: 17 Feb 2011 Last revised: 7 May 2013

Smith Chandra

NALSAR University of Law

Date Written: February 16, 2011

Abstract

The Law Commission of India has submitted the 228th Report on "Need for Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy."

There has been a major change in Indian surrogacy laws. India is now the only country in the world to legalise commercial surrogacy. Unlike in other countries, including the UK, USA and France, in India the surrogacy agreements between the two parties will be legally enforceable. The new law will protect all parties - the genetic parents, surrogate mother and the child.

The new Assisted Reproductive Technology (Regulation) Bill & Rules, 2008, states that the surrogate mother can receive monetary compensation for carrying the child in addition to health-care and treatment expenses during pregnancy. But the surrogate mother has to relinquish all parental rights over the child once the amount is transferred and birth certificates will be in the name of genetic parents. The age-limit for a surrogate mother is between 21-45 years. Single parents can also have children using a surrogate mother.

This article discusses various aspect regarding surrogacy and its constitutional validity in India. It questions whether right to reproduction is a constitutional right or not. The article also endeavors to draw a comparison between various nations regarding their policy and take on surrogacy.

Keywords: surrogacy, constitution, law commission

JEL Classification: K

Suggested Citation

Chandra, Smith, Surrogacy and India (February 16, 2011). Available at SSRN: https://ssrn.com/abstract=1762401 or http://dx.doi.org/10.2139/ssrn.1762401

Smith Chandra (Contact Author)

NALSAR University of Law ( email )

Shameerpet, RR District
Hyderabad, Hyderabad 500078
India

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